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Home My WebLink AboutORD 1996-067 ORDINANCE NO. 96-67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING APPENDIX B, SUBDIVISIONS, SECTION 10 AND AMENDING APPENDIX E, CONSTRUCTION STANDARDS, ARTICLE I, ITEM 1 .6; BY AMENDING CERTAIN STANDARDS FOR DEVELOPMENT REQUIRING PUBLIC UTILITIES TO BE PLACED UNDERGROUND AFTER AUGUST 20,1996; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS (5500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, �, r, TEXAS: Section 1 . That Appendix B, Subdivisions, is hereby amended by the addition of a new subsection 10 to read as follows: "Section 10. Underground Utilities Final Plat Submittals shall be required to comply with Appendix E, Article I, Item 1 .6, as amended, addressing the requirement for construction of electric, telephone, fiber optic and cable television lines to be underground." Section 2. That Appendix E, Construction Standards, Article I, Item 1 .6 is hereby amended in its entirety as follows: "1 .6 Utilities to be Underground. A. Definitions � Utility - A Company providing electrical, telephone, cable tv, and fiber optic services within the City of Grapevine under a Franchise � Agreement with the City of Grapevine. • Transmission Lines - those electrical lines operated at nominal �„ voltages of 60,000 volts or higher. �� • Feeder Lines - those electrical lines that emanate from substations to distribute power throughout an area. � • Lateral Lines - those electrical lines that emanate from an electric feeder line and are used to distribute power to smaller areas of electric consumers and service lines. • Service Lines - those electrical lines which through a transformer connect a lateral line to a customer's service entrance. B. Attached hereto as Exhibit "A", and made a part hereof for illustrative purposes only, is a diagram depicting electrical distribution equipment. C. Subject to the requirements and conditions of this Ordinance, new electric Lateral Lines and Service Lines shall be placed underground, throughout new subdivisions for which final plats or site plans are approved subsequent to the effective date of this Ordinance, except when such Lateral Lines or Service Lines are emplaced or installed in connection with a utility's replacement, supplementation, or upgrade of an existing aeri�l utility system. D. Electric Transmission and Feeder Lines may, at the discretion of the responsible utility company, be placed above ground. � E. In case of special or unique circumstances, or to avoid undue hardship, the City Council of the City of Grapevine may authorize variances or exceptions to the requirements of Item 1 .6(C). F. Where, in accordance with this Ordinance, electric utility service lines are required to be placed underground, telephone service, cable tv, fiber optic and street lighting shall also be placed underground, except for light standards. G. Where electric Lateral Lines and Service Lines are approved to be placed � above ground, telephone service, cable tv, fiber optic and street lighting may also be placed above ground if attached to existing electric poles. H. All electric, telephone, fiber optic, and cable tv support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations shall be pad mounted or placed underground, and the difference in the cost of providing or installing such facilities, resulting from their installation underground, shall be paid to the �, installing utility company in accordance with the requirements of Section 1 .6(I) of this Ordinance. �,,, I. A utility company which provides underground utility service, to include, without limitation, installing underground utility lines, shall be reimbursed ORD. NO. 96-67 2 for and recover the difference in cost, if any, between the installation, ""� operation, maintenance, and anticipated upgrade of such service, and the installation, operation, maintenance, and anticipated upgrade of �, comparable or equivalent overhead service. The amount to be recovered shall be based on the utility company's reasonable estimate of such difference in cost, and shall be paid to the utility company, by the utility customer receiving such service, at such time as the underground utility service is first provided. Utility companies shall be responsible for developing administrative policies and cost reimbursement procedures to allow for the recovery of such differences in cost. No utility company shall be required to begin construction of underground facilities unless and until the owner or developer of the property has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities. J. Temporary service during construction may be provided by overhead utility lines and facilities prior to final release of the underground service. Following final release of the underground permanent service, the temporary overhead service shall be removed within 45 davs. K. The electric utility company may plan and construct overhead electric �' feeder lines on perimeters of subdivisions or property without obtaining a variance. Telephone, cable television, and fiber optic lines may be +� constructed overhead where overhead electric utility lines are permitted. L. Nothing contained herein shall be construed to require any existing overhead facilities to be placed underground or to prohibit the upgrading, reconstruction or reconductoring of any existing overhead facilities with overhead construction." Section 3. That all ordinances of the City of Grapevine in conflict with the provisions of this ordinance by, and the same are hereby repealed; provided, however, that nothing in this Ordinance is intended to alter, nor shall be construed as altering, any ordinance granting a utility a franchise to operate or maintain facilities within the City of Grapevine for the purpose of providing utility service, in effect on the effective date of this Ordinance. Section 4. That any person,firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction in municipal court shall be subject to a fine not to exceed the sum of five hundred dollars (5500.00), and each and every day said violation continues shall constitute a separate offense. Section 5. The fact that the present ordinances of the City of Grapevine do �,,, not adequately regulate standards for development of certain zoned district and do not adequately regulate the installation of underground public utilities creates an urgency ORD. NO. 96_67 3 • and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage, and the publication of the caption of said ordinance, as the law in such cases � provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2oth day of August , 1996. APPROVED: William D. Tate Mayor ATTEST: �=a„ � Lin a Huff City Secretary APPROVED AS TO FORM: � _ �f„ . �._ �: .�: � ..._...,�, y, � p. .% . �. �p. John F. Boyle, Jr. �' City Attorney �� ORD. NO. 96_67 4 � Ex;-��e�r.�.. ro �,P� . �� -�� Page � of __.:=___ �. . �LECTRICAL QISYRf�3UTidN SYS�EN� � powER ��.,aN�r 14p,Op0 KV (TRANSMIS510N LlNE) 88,(}00 KV/34b,000 KV {T,L,1 � � .� FEEDER L1N� �3s.dp0 KV (T,�.� 13$�404 KV tT,L.I �- 12,470 KV � +�-PROTECTfVE Q�V{CE 7,200 KY LAT�RAL LINE SEavIC� uNES Sept�mb�r 9. 1994 EXH tBIT A . � �